These South Dakota statutes comprise the state's anti-cruelty and animal fighting provisions. "Animal," any mammal, bird, reptile, amphibian, or fish, except humans. "Cruelty” means to intentionally, willfully, and maliciously inflict gross physical abuse on an animal that causes prolonged pain, that causes serious physical injury, or that results in the death of the animal. Any person who subjects an animal to cruelty is guilty of a Class 6 felony. “Neglect,” means to fail to provide food, water, protection from the elements, adequate sanitation, adequate facilities, or care generally considered to be standard and accepted for an animal's health and well-being consistent with the species, breed, physical condition, and type of animal. Any person who neglects an animal is guilty of a Class 1 misdemeanor. Exemptions include regulated scientific experiments using live animals and the destruction of dangerous animals.

(4) “Cruelty,” to intentionally, willfully, and maliciously inflict gross physical abuse on an animal that causes prolonged pain, that causes serious physical injury, or that results in the death of the animal;

(5) “Dangerous animal,” any animal that, by itself or by environmental circumstances, at the determination of the board, any agent or officer of a humane society, or any law enforcement officer, is a threat to the physical well-being of other owned animals or humans;

(6) “Humane killing,” to cause the death of an animal in a manner to limit the pain or suffering of the animal as much as reasonably possible under the circumstances;

(7) “Impound,” to take physical control and custody of an animal;

(8) “Livestock,” any agricultural or commercial animal owned, bred, or raised for profit, but not including dogs, cats, rabbits, or other household pets;

(9) “Mistreat,” to cause or permit the continuation of unjustifiable physical pain or suffering of an animal;

(10) “Neglect,” to fail to provide food, water, protection from the elements, adequate sanitation, adequate facilities, or care generally considered to be standard and accepted for an animal's health and well-being consistent with the species, breed, physical condition, and type of animal;

(11) “Proper enclosure,” a secure confinement in an enclosed or locked facility suitable to prevent a dangerous animal from escaping and to prevent any physical threat to the well-being of any other animal or human.

For the purposes of this chapter and chapter 40-2, the mistreatment, torture, or cruelty of an animal is any act or omission whereby unnecessary, unjustifiable, or unreasonable physical pain or suffering is caused, permitted, or allowed to continue including acts of mutilation.

For the purposes of this chapter and chapter 40-2, a dangerous animal is any animal that, by itself or by environmental circumstances, at the determination of the board, any agent or officer of a humane society, or any peace officer after investigation, is a threat to the physical well-being of other owned animals or humans.

For the purposes of this chapter and chapter 40-2, a proper enclosure is a secure confinement, as determined by the board, any agent or officer of a humane society, or any peace officer indoors or in a securely enclosed or locked facility, suitable to prevent a dangerous animal from escaping and to prevent any physical threat to the well-being of any other animal or human, while not constituting inhumane treatment.

Source: SL 1991, ch 331, § 6.

40-1-3, 40-1-4. Repealed by SL 1977, ch 190, §§ 442, 443

40-1-5. Impoundment of neglected, abandoned, mistreated, or cruelly treated animal--Expenses of care as lien--Warrant or court order

Any law enforcement officer, agent of the board, or agent or officer of any humane society finding an animal neglected, abandoned, mistreated, or subjected to cruelty, may, pursuant to a warrant or court order, cause the animal to be impounded and properly cared for, and the expenses of such impoundment or care constitute a lien on the animal to be paid before the animal may be lawfully recovered. However, a warrant or court order is not necessary for law enforcement officers if the animal is severely injured, severely diseased, or suffering and any delay in impounding the animal would continue to cause the animal extreme suffering or if other exigent circumstances exist. If any animal is impounded or subjected to other action under this section without a warrant or court order, the officer shall subsequently show cause for the impoundment or other action to the court, and the court shall issue an order ratifying the impoundment or action; or, if sufficient cause for the impoundment or action is not shown, the court shall order the return of the animal to the owner or other appropriate remedy.

The owner or caretaker of an animal impounded or cared for pursuant to § 40- 1-5 is liable for the expense of services rendered. The governing body of the county or municipality that has rendered such services may recover such sums for services pursuant to § 40-1-5 as it deems reasonable. The payment shall be on vouchers, as other claims against the county or municipality are paid. Expenses may be recovered in a civil action against the owner unless the expenses are paid within thirty days after notice and demand.

40-1-11. Entry by officer of place where animal fight conducted--Arrest of persons present

Any law enforcement officer may enter any place where there is any sport or exhibition of the fighting of animals or where preparations are being made for such sport or exhibition, and without a warrant arrest any person there present.

Any law enforcement officer making an arrest for a violation of § 40-1-10.1 shall take possession of all animals and all paraphernalia, implements, or other property or things used or employed, or about to be employed, in the violation of any of the provisions of § 40-1-10.1. The provisions of chapters 23A-35 and 23A-37 apply to the search and seizure of violations of § 40-1-10.1 and apply to the disposition of seized paraphernalia, implements, or other property or things used or employed, or about to be employed, in violation of § 40-1-10.1. For the purposes of this section, animals seized pursuant to a violation of § 40-1-10.1 are contraband and property of an illegal nature and may be destroyed pursuant to § 23A-37-9.

No person may keep any animal which is injured or diseased, past recovery, or unfit for any useful purpose and in suffering, or intentionally abandon to die any sick or disabled animal. A violation of this section is a Class 1 misdemeanor.

40-1-13. Euthanasia of fatally injured or diseased animal--Notice to euthanize--Violation as misdemeanor

Any animal injured or diseased past recovery shall be euthanized within twelve hours in a manner prescribed in rule by the board, by the owner or person in possession of the animal, after having been notified by any law enforcement officer, any agent or officer of any humane society, or any agent of the board to euthanize the animal. A violation of this section is a Class 1 misdemeanor.

For the purposes of §§ 40-1-1 to 40-1-17, inclusive, knowledge and acts of agents of, and persons employed by, any corporation in regard to animals transported, owned, or employed by or in custody of such corporation, shall be held to be the knowledge and acts of such corporation as well as such agents or employees.

Source: SDC 1939, § 40.2201 (4).

40-1-15. Repealed by SL 1991, ch 186, § 9

40-1-16. Regulated scientific experiments permitted--Inspection

Nothing in this chapter may be construed to interfere with any properly conducted scientific experiments or investigations performed by personnel following guidelines, regulations, or requirements established by the United States Department of Agriculture and the United States Department of Health and Human Services. Any experiments or scientific investigation and facilities used under this section shall be open to inspection by the board.

Nothing in this chapter or chapter 40-2 may be construed to interfere with an animal under the direct and proper care of a licensed veterinarian or with persons engaged in standard and accepted agricultural pursuits or animal husbandry practices.In addition, the following are exempt from the provisions of this chapter and chapter 40-2:

(1) Any usual and customary practice;

(a) In the production of food, feed, or fiber, including all aspects of the livestock industry;

(b) In the boarding, breeding, competition, exhibition, feeding, raising, service work, showing, training, transportation, and use of animals; or

(c) In the harvesting of animals for food or byproducts;

(2) Any humane killing of an animal;

(3) Any lawful hunting, trapping, fishing, or other activity authorized by the South Dakota Department of Game, Fish and Parks;

(4) Any lawful pest, vermin, predator, and animal damage control, including the disposition of wild animals;

(5) Any reasonable action taken by a person for the destruction or control of an animal known to be dangerous, a threat, or injurious to life, limb, or property; and

(6) Any actions taken by personnel or agents of the board, the Department of Agriculture, Department of Game, Fish and Parks, or the United States Department of Agriculture in the performance of duties as prescribed by law.

Except as specifically provided for in this chapter, no person may intentionally administer poison to any animal that belongs to another, nor intentionally expose any poisonous substance so that it may be taken by an animal which belongs to another. A violation of this section is a Class 1 misdemeanor. This section may not be construed to prevent euthanasia by a licensed veterinarian with proper authority from the animal's owner nor may it prevent acts of euthanasia authorized by this chapter. This section may not be construed to prevent animal control activities conducted by municipalities or counties.

40-1-21. Killing or injuring animal of another as misdemeanor--Authorized euthanasia excepted

Killing, injuring, or mistreating animal of another as misdemeanor--Authorized euthanasia excepted

No person may intentionally kill any animal of any age or value, the property of another, nor intentionally injure or mistreat any such animal. A violation of this section is a Class 1 misdemeanor. This section may not be construed to prevent euthanasia by a licensed veterinarian with proper authority from the animal's owner nor may it prevent acts of euthanasia authorized by this chapter. This section may not be construed to prohibit euthanasia conducted by the municipality or under a municipality's animal control activities. This section may not be construed to prohibit activities conducted under chapter 40-34.

40-1-23. Potentially dangerous animal--Enclosure--Accompaniment by owner or caretaker--Restraint--Violation as misdemeanor

The owner or caretaker of a potentially dangerous animal shall keep such animal in a proper enclosure. If a potentially dangerous animal is not in a proper enclosure, it shall be directly accompanied by its owner or caretaker and confined or restrained in such a manner that, after investigation by the board, any peace officer, or any officer or agent of a humane society, it is not a dangerous animal. The ownership or possession of a dangerous animal in violation of this section is a Class 1 misdemeanor.

Source: SL 1991, ch 331, § 7.

40-1-24. Authority of officer or agent to control dangerous animal--Seizure, impoundment, or euthanasia authorized

Any peace officer, officer or agent of a humane society, or agent of the board may use all necessary means to control a dangerous animal so as not to immediately jeopardize the health or safety of themselves or others. Any officer or agent of a humane society, agent of the board, or peace officer may enter, search, and investigate premises, take testimony from owner and witnesses and seize, impound, or euthanize a dangerous animal.

Source: SL 1991, ch 331, § 8.

40-1-25. Administration and enforcement of provisions regarding livestock and dangerous animals--Promulgation of rules

The board shall administer and enforce the provisions of this chapter concerning cattle, horses, sheep, swine, and other livestock. In addition, the board may address situations involving dangerous animals, including nonlivestock animals, under the provisions of §§ 40-1-23 and 40-1-24. The board may issue orders for the execution of the powers conferred upon it by this chapter. The board may promulgate rules, pursuant to chapter 1-26, which may address cattle, horses, sheep, swine, and other livestock and dangerous animals, and which shall include:

No person may impound or permit any animal to be in any building, enclosure, lane, street, square, or lot without proper care and attention for more than twelve consecutive hours. This section does not apply to cattle, horses, sheep, swine, or other livestock.

No person owning or responsible for the care of an animal may inhumanely treat such animal. A violation of this section is a Class 1 misdemeanor.

Source: SL 1991, ch 331, § 14.

40-1-28. Inspection of premises authorized

The board, any peace officer, or any agent or officer of a humane society may enter and inspect any premises necessary to carry out the provisions of this chapter.

Source: SL 1991, ch 331, § 17.

40-1-29. Investigation procedure

The board, any peace officer, or any agent or officer of a humane society may administer oaths, take statements, access memoranda, papers, and other documents, articles, and instruments, and may compel the disclosure by witnesses of all facts known to them relative to the matters under investigation pursuant to § 40-1-28.

Source: SL 1991, ch 331, § 18.

40-1-30. Records of complaints--Public inspection

Complaints of record made to the board, any peace officer, or any agent or officer of a humane society and results of investigations may be closed to public inspection except as provided by court order during investigatory and administrative process.

Source: SL 1991, ch 331, § 19.

40-1-31. Liability of officer or agent

No agent of the board, peace officer, or agent or officer of a humane society may be held liable as a result of reasonable actions taken pursuant to this chapter.

Source: SL 1991, ch 331, § 20.

40-1-32. Liability of parent or guardian for violation by minor

A parent or guardian is civilly liable for any violation of this chapter committed by a minor in their custody.

Nothing in this chapter and chapter 40-2 may be construed to interfere with an animal under the direct and proper care of a licensed veterinarian or with persons engaged in standard and accepted agricultural pursuits.

Source: SL 1991, ch 331, § 29.

40-1-34. Disposition of impounded animals

An animal impounded under this chapter shall, within reasonable time at the direction of the board, any agent or officer of a humane society, or any peace officer be disposed of by:

(1) Returning to the owner or caretaker;

(2) Transferring ownership to a humane society as described in chapter 40-2;

(3) Euthanizing;

(4) Sold through public auction;

(5) Transferring ownership to a suitable caretaker or facility as prescribed in rule by the board; or

(6) Any other disposition as determined by the board, any agent or officer of a humane society, or any peace officer in accordance with rules promulgated pursuant to § 40-1-25.

Source: SL 1991, ch 331, § 34.

40-1-35. Contract to enforce livestock provisions

The board may contract with a humane society incorporated pursuant to chapter 40-2 to enforce the provisions of this chapter concerning cattle, horses, sheep, swine, and other livestock.

Source: SL 1991, ch 331, § 35.

40-1-36. Unattended animals in standing or parked vehicles--Authority to remove--Liability for removal

No owner or caretaker may leave a dog, cat, or other small animal unattended in a standing or parked vehicle in a manner that endangers the health or safety of such animal. Reasonable force may be used to remove such animal by any peace officer or agent or officer of any humane society. No such person may be held civilly or criminally liable for any damage caused by removing such animal from a vehicle.

Source: SL 1991, ch 331, § 37.

40-1-37. Use of weapons or tranquilizing agents to control dangerous animals

Any agent of the board, any peace officer, or any agent or officer of a humane society may use weapons, tranquilizing agents, or similar items in controlling dangerous animals, impounding animals, or handling animal problems if such use is in accordance with the provisions of this chapter.

No person may maliciously beat, injure, attempt to injure, harass, intimidate, entice, distract, or otherwise interfere with any service animal accompanying a person with a disability if the service animal is being controlled by the person and the service animal is wearing a harness or other control device normally used for service animals accompanying or leading persons with disabilities. A violation of this section is a Class 2 misdemeanor.

Source: SL 1995, ch 234, § 1.

40-1-39. Rebuttable presumption of maliciousness

In a prosecution for a violation of § 40-1-38, evidence that the defendant initiated or continued conduct as described in § 40-1-38 after being requested to discontinue that conduct or similar conduct by a person with a disability being served or assisted by the service animal gives rise to a rebuttable presumption that the conduct was initiated or continued maliciously. A conviction and imposition of a sentence under §§ 40-1-38 to 40-1-40, inclusive, does not prevent a conviction and imposition of a sentence under any other applicable provision of law.

Source: SL 1995, ch 234, § 2.

40-1-40. Harassment defined--Malicious act defined

For purposes of §§ 40-1-38 to 40-1-40, inclusive, harass means to engage in any conduct directed toward a service animal that is likely to impede or interfere with the animal's performance of its duties or that places the person with a disability who is being served or assisted by the animal in danger of injury. For purposes of §§ 40-1-38 to 40-1-40, inclusive, maliciously means actions conducted with the intent to assault, beat, harass, or injure a service animal; actions conducted with the intent to impede or interfere with duties performed by a service animal; actions conducted with the intent to disturb, endanger, or cause emotional distress to a person being served or assisted by a service animal; actions conducted with knowledge that the actions will, or are likely to, harass or injure a service animal; actions conducted with knowledge that the actions will, or are likely to, impede or interfere with duties performed by a service animal; and actions conducted with the knowledge that the actions will, or are likely to, disturb, endanger, or cause emotional distress to a person with a disability being served or assisted by a service animal.

Source: SL 1995, ch 234, § 3.

40-1-41. Inspection of commercial breeding operation for dogs and cats

A veterinarian licensed in the State of South Dakota shall be in attendance during any portion of an investigation of a commercial breeding operation that is conducted on the premises of the commercial breeding operation. For purposes of this section the term, commercial breeding operation, means any person engaged in the business of breeding dogs or cats who sells, exchanges, or leases dogs or cats in return for consideration or who offers to do so, whether or not the dogs or cats are bred, raised, trained, groomed, or boarded by the person. Any person who owns or harbors three or fewer unaltered dogs or cats for breeding purposes that are at least six months of age is not a commercial breeding operation. Any person who sells, exchanges, or leases thirty or fewer dogs or cats in a twelve-month period is not a commercial breeding operation if all such dogs or cats are sold, exchanged, or leased to a final owner rather than for later retail sale or brokered trading. Any person knowingly selling, exchanging, or leasing any dogs or cats for later retail sale or for brokered trading is a commercial breeding operation.

Source: SL 2006, ch 211, § 7.

Title 40. Animals and Livestock. Chapter 40-2. Humane Societies.

40-2-1. Incorporation of society--Number of incorporators--Authorization by county to exercise statutory privileges and authority

Any three or more citizens of this state organized pursuant to chapter 47-22 as a nonprofit corporation in this state, for the purpose of preventing cruelty to animals, may avail themselves of the privileges of this chapter through an animal control officer subject to the limitations in §§ 40-2-6 and 40-2-7. The board of county commissioners in each county may grant authority to exercise the privileges and authority granted by this section to one or more qualified nonprofit corporations for a period of up to three years based upon ability to fulfill the purposes of this chapter.

Any such incorporated society may make and adopt bylaws not inconsistent with the laws of this state governing the admission of associates and members, providing for all meetings and for assistant and district or local officers, and the organization of branch societies; providing also for means and systems for the effectual attainment of the objects contemplated by this chapter, for the regulation and management of its business affairs, and for the effectual working of the society; prescribing also the duties of all its officers.

CREDIT(S)

Source: SDC 1939, § 40.2204.

40-2-3. Repealed by SL 2006, ch 211, § 6

40-2-4. Limitation on activities

Except as provided in chapter 40-1, the activities of any humane society incorporated pursuant to this chapter for the prevention of neglect, abandonment, mistreatment, or cruelty to animals, as provided in chapter 40-1 or this chapter, are limited to animals other than cattle, horses, sheep, swine, and other livestock.

CreditsSource: SL 1991, ch 331, § 39; SL 2014, ch 194, § 24.

40-2-5. Contract for animal control services

Nothing in chapter 40-1 or this chapter may prohibit any county or municipality from contracting with an incorporated society to provide animal control services, to enforce county or municipal ordinances or to enforce the provisions of chapter 40-1 within the jurisdiction of the county or municipality.

CREDIT(S)

Source: SL 1991, ch 331, § 41.

40-2-6. Animal control officers--Appointments--Judicial authorization

The board of directors of a humane society incorporated pursuant to § 40-2-1 may appoint society members to act as animal control officers. The appointment shall be in writing. The appointment is effective in a particular county only if an appointee obtains written authorization from a circuit court judge having jurisdiction in the county in which the appointee seeks to enforce this chapter or chapter 40-1. To obtain judicial authorization, an appointee seeking judicial authorization shall provide evidence satisfactory to the judge that the appointee has experience, education, or training that has prepared the appointee to assume the powers granted to animal control officers pursuant to § 40-2-7. The board of directors shall review appointments every three years and may revoke an appointment at any time by filing a certified revocation with the circuit court that approved the appointment. Any authorization may not exceed three years or trustee termination, whichever occurs first.

CREDIT(S)

Source: SL 2006, ch 211, § 2.

40-2-7. Enforcement by law enforcement officer or animal control officer--Powers

Any law enforcement agency may enforce the provisions of this chapter or chapter 40-1. An animal care and control agency may enforce the provisions of this chapter or chapter 40-1 in a county or municipality if the legislative authority of the county or municipality has entered into a contract with the agency to enforce the provisions of this chapter and chapter 40-1. An animal control officer enforcing this chapter or chapter 40-1 shall comply with the same constitutional and statutory restrictions concerning the execution of police powers imposed on a law enforcement officer who enforces this chapter, chapter 40-1, and other criminal laws. An animal control officer has the following enforcement powers when enforcing this chapter:

(1) The power to issue citations based on probable cause to offenders for misdemeanor and felony violations of this chapter or chapter 40-1;

(2) The power to request that a law enforcement officer arrest and take into custody any person the animal control officer has probable cause to believe has committed or is committing a violation of this chapter or chapter 40-1. An animal control officer may make an oral complaint to a prosecuting attorney or a law enforcement officer to initiate an arrest. The animal control officer causing the arrest shall file with the arresting agency a written complaint within twenty-four hours of the arrest, excluding Sundays and legal holidays, stating the alleged act or acts constituting a violation;

(3) The power to carry protective devices, other than firearms, for personal protection;

(4) The power to prepare affidavits in support of search warrants and to execute search warrants when accompanied by law enforcement officers to investigate violations of this chapter or chapter 40-1, and to seize evidence of those violations.

CREDIT(S)

Source: SL 2006, ch 211, § 3.

40-2-8. Animal care and control agency defined

For the purposes of this chapter and chapter 40-1, an animal care and control agency is any municipal or county animal control agency or authority authorized to enforce municipal or county ordinances regulating the care, control, licensing, or treatment of animals within the municipality or county, and any nonprofit corporation organized under § 40-2-1 that contracts with a municipality or county to enforce the municipal or county ordinances governing animal care and control.

CREDIT(S)

Source: SL 2006, ch 211, § 4.

40-2-9. Animal control officer defined

For the purposes of this chapter and chapter 40-1, an animal control officer is any person employed, contracted, or appointed pursuant to § 40-2-7 by an animal care and control agency or humane society to aid in the enforcement of ordinances or laws regulating the care and control of animals.

CREDIT(S)

Source: SL 2006, ch 211, § 5.

Title 43. Property. Chapter 43-39. Deposit of Personal Property.

43-39-12. Depository of living animals--Food and shelter--Kind treatment

A depository of living animals must provide them with suitable food and shelter and treat them kindly.

43-39-12.1. Abandonment of animal left with veterinarian--Notice to owner-- Disposition--Liability

Any animal placed in the custody of a licensed veterinarian for treatment, boarding, or other care, which remains unclaimed by its owner or owner's agent for a period of more than ten days after written notice by registered or certified mail, return receipt requested, is given the owner or owner's agent at such person's last known address shall be considered to be abandoned and may be turned over to the nearest humane society or disposed of as the licensed veterinarian considers proper. The giving of notice to the owner or the owner's agent, of such animal by the licensed veterinarian as provided in this section shall relieve the licensed veterinarian in whose custody such animal has been placed from any liability for such disposal.

Source: SL 1986, ch 313, § 7.

Title 22. Crimes. Chapter 22-22. Sex Offenses.

22-22-42. Bestiality--Acts constituting--Commission a felony

No person, for the purpose of that person's sexual gratification, may:

(1) Engage in a sexual act with an animal; or

(2) Coerce any other person to engage in a sexual act with an animal; or

(3) Use any part of the person's body or an object to sexually stimulate an animal; or

(4) Videotape a person engaging in a sexual act with an animal; or

(5) Kill or physically abuse an animal.

Any person who violates any provision of this section is guilty of the crime of bestiality. Bestiality is a Class 6 felony. However, if the person has been previously convicted of a sex crime pursuant to § 22-24B-1, any subsequent violation of this section is a Class 5 felony.